According to The American Bar Association, to begin preparing for trial, both sides engage in discovery, a formal process of exchanging information between the parties about the witnesses and evidence they will present at trial. Which of the following is not a common type of discovery device? (Wentz QOTD)
C. Information governance
D. Request for production of documents
Kindly be reminded that the suggested answer is for your reference only. It doesn’t matter whether you have the right or wrong answer. What really matters is your reasoning process and justifications.
My suggested answer is C. Information governance.
Wentz’s book, The Effective CISSP: Security and Risk Management, helps CISSP and CISM aspirants build a solid conceptual security model. It is a tutorial for information security and a supplement to the official study guides for the CISSP and CISM exams and an informative reference for security professionals.
Information governance is the most critical ingredient in the Electronic Discovery Reference Model (EDRM) instead of a discovery device.
Electronic Discovery Reference Model (EDRM)
The Electronic Discovery Reference Model (EDRM) is a framework that outlines standards for the recovery and discovery and of digital data. The EDRM is designed to serve as guidance for gathering and assimilating electronic data during the legal process, including criminal evidence discovery. The EDRM framework is a conceptual standard for the E-discovery process.
Implementing the EDRM framework is a legally defensible process. “Legally defensible means the ability to withstand a legal challenge to the appropriateness of the examination for the purpose for which it is used. The challenge may be made by actual or potential examinees or on behalf of the public. Examinees’ challenges may pertain to perceived bias of the examination or inappropriately chosen content. Challenges on behalf of the public may claim that the examination does not provide adequate measures of an examinee’s knowledge, skills and abilities (KSA’s) required to protect the consumer from foodborne illness.” (LawInsider)
According to The American Bar Association, to begin preparing for trial, both sides engage in discovery, a formal process of exchanging information between the parties about the witnesses and evidence they will present at trial.
The following is a list of common discovery devices excerpted from UpCounsel:
Deposition–a proceeding in which a witness or party is asked to answer questions orally under oath before a court reporter.
Interrogatories–written questions sent by one party to the other party for the latter to answer in writing under oath.
Request for admission–a request to a party that he admit certain facts. One party sends the other a request for admission so that basic issues the parties agree upon can be resolved and not have to be proven if the parties go to trial.
Request for physical examination–a request to a party that he be examined by a doctor if his health is at issue.
Request for production of documents–a request to a party to hand over certain defined documents. In family law cases, parties often request from each other bank statements, pay stubs and other documents showing earnings, assets and debts.
Request for inspection–a request by a party to look at tangible items (other than writings) in the possession or control of the other party. Items to be inspected include houses, cars, appliances and virtually any other physical item.
Subpoena–an order telling a witness to appear in court or at a deposition. A subpoena is issued by the court, and if the witness fails to comply, he can be held in contempt of court.
Subpoena ducestecum–an order telling a witness to turn over certain documents to a specific party or to bring them to a scheduled deposition. A subpoena ducestecum is issued by the court, and if the witness fails to comply, he can be held in contempt.
- How Courts Work
- Legal Definition of Discovery: Everything You Need to Know
- Discovery (Cornell)
- Discovery (law)
- Electronic discovery (Wikipedia)
- What Is the EDRM (Electronic Discovery Reference Model)?
- EDRM (electronic discovery reference model)
- E-Discovery 101: Gain a solid understanding of the basics
- Webinar – A Litigators Guide to eDiscovery Processing
根據美國律師協會的說法，為開始準備審判，雙方都進行了發現(discovery)，這是一個雙方之間就證人和他們將在審判中出示的證據交換信息的正式程序。 以下哪一項不是常見的發現(discover)類型？ (Wentz QOTD)
A. 取得庭外證詞 (Deposition)
B. 書面詢問 (Interrogatories)